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HomeMy WebLinkAboutResolution #5518 - Demolition Reimbursement Agreement Related to Property Located at 354 East Locust St. RESOLUTION NO. 5518 A RESOLUTION APPROVING A DEMOLITION REIMBURSEMENT AGREEMENT RELATED TO PROPERTY LOCATED AT 354 EAST LOCUST ST.,CANTON,EL 61520 WHEREAS, the City Council of the City of Canton has determined that it is necessary and in the best interest to enter into a Demolition Reimbursement Agreement for the purposes of assisting with the costs and expenses associated with the demolition of unsafe and/or dangerous buildings located at 354 E. Locust Street, Canton, IL 61520, as set forth in"Exhibit A,"which is attached hereto and incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON,ILLINOIS,AS FOLLOWS: 1. That the agreement attached hereto and incorporated herein by reference as Exhibit A is hereby approved by the Canton City Council. 2. That the Mayor and the City Clerk of the City of Canton,Illinois are hereby authorized and directed to execute said Agreement on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton,Illinois at a regular meeting this "day of July,2025 upon a roll call vote as follows: AYES: ALDERPERSONS CHAMBERLIN GRIMM NELSON LOVELL,PICKEL,KETCHAM,GOSSETT NAYS: None ABSENT: Alderperson Hale APP OVED: ,4 A—q� A) �D) Mc ow 11, N o AT ST: Atli Oa ndrea J. S ith-Walters, City Clerk EXHIBIT A DEMOLITION REIMBURSEMENT AGREEMENT This Demolition Reimbursement Agreement (`the "Agreement") is entered into by and between the CITY OF CANTON, an Illinois municipal corporation (the "City"), and ERIC BARNARD ("Barnard"). The City and Barnard are collectively referred to herein as the "Parties". This Agreement shall be effective upon the date when this Agreement becomes executed by all of the Parties (the "Effective Date"). WHEREAS, Barnard owns a lot within the City (the "Lot"), more particularly described as follows: The West 25 feet of Lot 6 and the East 19 feet of Lot 7, Block 4, in Gould's Addition to the City of Canton, situated in the County of Fulton and State of Illinois. PIN: 09-08-27-43 0-009 Property Address: 354 E. Locust Street, Canton, IL 61520 WHEREAS, Barnard has represented to the City that he wishes to demolish structures located on the Lot and clean-up the Lot; and WHEREAS, the City retains a public interest in its beautification and in the removal of urban blight by the demolition and clean-up of certain unsafe and/or dangerous properties within the City; and WHEREAS, the City is willing to financially reimburse Barnard for a portion of the cost of demolishing and cleaning up the Lot subject to the terms and conditions set forth in this Agreement. THEREFORE, for and in consideration of the mutual promises and covenants herein set forth,the Parties agree as follows: 1. Demolition and Clean-Up of the Lot. Within sixty (60) days of the Effective Date of this Agreement, Barnard agrees to cause the demolition upon and clean-up of the Lot (collectively the "Clean-Up Activities") as follows: a. Demolition shall consist of the disassembly and/or demolition of any structures located upon the Lot. b. Clean-up shall consist of the removal and disposal of the disassembled and/or demolished structures and any debris, garbage, or other refuse located on the property. Clean-up shall also consist of the removal and disposal of any fallen tree branches, leaves, and other detritus located on the Lot. 2. Right to Review and Inspect. The City retains the right to review and inspect Barnard's progress on the Clean-Up Activities at any time, before, during and/or after the Clean- Up Activities, without any advanced notice to Barnard. The City's obligation to reimburse costs 1 as described in Section 6 is entirely conditioned on the City's satisfaction with Barnard's Clean- Up Activities, as determined in the City's sole discretion. 3. Contractors. Barnard shall be solely responsible for hiring, contracting with, and payment of all employees, agents, or contractors (collectively the "Contractors") utilized to complete the Clean-Up Activities. Barnard shall use reputable, licensed, and insured Contractors only,and they shall provide proof of their necessary licensures and insurance,in a form satisfactory to the City, prior to commencing the Clean-Up Activities. Nothing in this agreement shall be construed as creating an employment relationship or other contractual relationship between the City and any person or entity contracted with or hired by Barnard.Nothing in this Agreement shall be construed as creating any employee relationship,partnership,joint venture,or other relationship with Barnard. Barnard agrees to indemnify and hold harmless the City for any claims brought against it by any such Contractors in connection with the subject of this Agreement. 4. Release. In consideration of the City's agreement to reimburse costs as described in Section 6, and the promises and covenants set forth in this Agreement, to the fullest extent permitted by law, Barnard, individually and on behalf of his successors, present and former parents, subsidiaries, affiliates, investors, officers, directors, trustees, shareholders, employees, former employees, independent contractors, agents, representatives, assigns, heirs, devisees, estates,executors,administrators,agents,representatives,beneficiaries,and attorneys,and each of them, voluntarily, irrevocably, and unconditionally release, indemnify, holds harmless, acquits, and forever discharges the City,as well as any of its predecessors, successors,and assigns,present and former parents, subsidiaries, elected and appointed officials, mayors, city clerks, treasurers, members of City Council, department heads, sextons, affiliates, investors, officers, directors, trustees, shareholders, employees, former employees, independent contractors, agents, representatives,heirs,estates,executors,administrators,attorneys,and/or insurers,all collectively referred to as "Releasees," and each of them, from any and all charges, complaints, claims, promises,agreements,controversies,suits,demands,costs,losses,debts,actions,causes of action, damages,judgments, obligations, liabilities, and expenses of whatever kind and character,known or unknown, suspected or unsuspected, including any claims for attorneys' fees and costs, which the undersigned parties, now have, own, hold, or claim to have, own, or hold, or may have had, owned, or held, or may in the future claim to have, own, or hold against the Releasees, or any of them, arising from, in connection with or related to this Agreement and/or any of the Clean-Up Activities described herein, including but not limited to any obligations, expenses or costs related thereto. 5. Authority Compliance with Applicable Laws. Barnard warrants and represents he is the sole owner of the Lot and no other persons or entities have any ownership or lease interest therein. Barnard warrants and represents he is authorized to enter into this binding and enforceable Agreement and that this Agreement is not in conflict or violation of any other agreement or contract in which Barnard, his predecessors, successors, assigns, and/or affiliates is a party. Barnard shall be responsible for complying with any and all applicable laws related to the Clean-Up Activities and the employment or hiring of any Contractors, including but not limited to the proper disposal and reporting of any materials,obtaining applicable permits,and payment of taxes related to same. Barnard shall also take all necessary actions to ensure any materials, debris, garbage, or other refuse located on the Lot and any fallen tree branches, leaves,and other detritus located on the Lot are lawfully and properly disposed of and properly documented or reported, as applicable. 6. Reimbursement of Costs. If the other terms and conditions set forth in this Agreement are fully satisfied, the City shall reimburse Barnard for fifty percent (50%) of cost of the Clean-Up Activities,up to a maximum amount of Three Thousand, One Hundred and Twenty- Five Dollars ($3,125.00). In no circumstance shall the City reimburse Barnard for the Clean-Up Activities in an amount greater than Three Thousand One Hundred and Twenty-Five Dollars ($3,125.00). Proof of paid invoices and/or receipts shall be provided to the City, in a form satisfactory to the City, prior to any reimbursement payments. In no event shall the City be obligated to pay any Contractors hired by or contracted with by Barnard. 7. Attorney's Fees. The Parties agree that in the event of a proven breach of this Agreement, the breaching party shall be responsible for the non-breaching party's reasonable attorney's fees and court costs. 8. Assignments and Third-Party Beneficiaries. The Parties expressly represent and warrant that they have not assigned,pledged,or otherwise sold or offered by written instrument or otherwise, any right, title, interest, or claims it has or may have in connection with the subject of this Agreement. The Parties agree that there are no third-party beneficiaries to any term or provision of this Agreement, and that the rights, duties, and obligations under this Agreement are limited to the Parties to this Agreement. 9. Venue. The Parties agree that any dispute which arises under this Agreement which they are unable to settle privately shall be litigated in the 9t'Circuit Court,Fulton County,Illinois. The Parties agree that the 9 h Circuit Court, Fulton County, Illinois shall be the sole and exclusive venue and jurisdiction for litigating any disputes under this Agreement. 10. Applicable Law. This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Illinois, without regard to principles of conflicts of law otherwise applicable to such determination: provided however, this shall in no way prevent the application of the benefits of federal law where applicable. 11. Execution. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original,fully enforceable counterpart for all purposes hereof, but all of which shall constitute one and the same instrument. 12. Further Assurances.Upon the execution of this Agreement,the Parties may execute such further and other instruments and take other actions as reasonably required to effectuate the terms and spirit of this Agreement. 13. Entire Agreement. This Agreement contains the entire agreement relating to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, relating to this subject matter. There are no warranties, representations, agreements, arrangements, or understandings, whether oral or written, relating to the subject matter of this Agreement that are not fully expressed or provided for herein, and the Parties shall not be bound by or liable for any such alleged warranty, representation, agreement, arrangement, or understanding not expressly set forth herein. 14. Interpretation. Whenever the context requires, any gender includes all others, and the singular number includes the plural, and vice-versa. Any captions in this Agreement are inserted for convenience of reference and do not define, describe, or limit the scope or intent of this Agreement or any of its terms.No inference, assumption,or presumption shall be drawn from the fact that a Party or his, her, or its attorney prepared and/or drafted this Agreement. 15. Severability. Should any provision of this Agreement be declared or be determined by any court of competent jurisdiction to be illegal,invalid,or unenforceable,the legality,validity, or enforceability of the remaining parts,terms, or conditions, shall not be affected, and the illegal, invalid,or unenforceable part,term,or provision shall be deemed to not be part of this Agreement. IN WITNESS WHEREOF,the undersigned, intending to be legally bound, have executed this Demolition Reimbursement Agreement, effective upon the date when this Agreement becomes executed by all of the undersigned. CITY O C TO ,•,,� , (�(� ERIC BARNARD BY: ITS: DATE: M V. 92025. DATE: Ndj , 2025.